New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-10-13
ATL4JV WITH THE GOVERNMENT.
"D2ACoyn WHITE HIS OWN LAWYER.
HISTORY OF HIS SUIT AGAINST The SECRETARY OF



WASHINGTON Oct IL tspeciaD.-rhe appeal OF the
Secretary OF State FROM the peremptory manhamus
AWARDED by the Supreme Court OF the District OF
Columbia to V. whitc relator suing in the name OF
the United States argued in the Supreme Court OF
the United States yesterday AMI to-day. Mr. Maury,
Assistant argued the appeal for the
Secretary Mr.. White, commonly called Deacon
wb,te argued his own case aud did it with great force
AMI spirit legal points now presented by the tiSa-
ton are somewhat narrow II appears that MT "hlte
il the owner or assignee OF moety OF three awards
made against Mexico in favor OF citizens OF the United
States under the treaty July a. 1868 As such assignee
MI White received his disributve share OF several i'll
staments paid into the state Department. by Mexico
under the treaty the present Secretary OF State re-
fused to distribute AMI pay to him subsequent install
ments because Porter had instituted suit against
MIN Whlte to esabli N MS forerS eluitioe riBht W
a certain part OF the money
Mr. Bayari's to Mr. Whites petition for tho
manianus was that he could not determine whether
White or Porter the person enttet to receive the
money Mr. whites reply to this was that the act Of
Congress passed June 1s. 1873 perempiorly directed
the Secretary OF State to distribute and the install
ment to persons in whose favor awards were maie
and that he (Whe) is the assignee OF record OF ono
noety three OF the awards. and has been so recog
nized by two OF Mr.. Bayaris predecessors Mr. Maury
argued an strenuousy cOntenied that tho Secretary OF
state in regard to money is under the absolute
troll OF the President and that the President Considers
that tho public interest does not admit OF the dstribu
tion and payment of this money to Mr. White the ro
lator, under the circumstances
The amount OF the two instruments now due Is
siOtOO and thir: nstalment OF 50 200 Will fan drc III
Ja,uary Several months ago Mr. White made public
some OF the correspondence between him and the state
Dcp,rtmcnt showed Indifference and neglect as well
n an assumed the part OF the department
which led the present legal proceedings The case
will not have any bearing apparently. on the We'll ana
l.. Abra awards Bnt IL is strong ilnstration OF the
confusion in which this matter has b-comc Involved In
con.e1ucnce OF tho conduct OF the Government OF tho
I'nitel states in dealing with the money paid In ny
Mexico under the treaty Of July A. 1868 aid In cOuse
ocnc of the fact that the present Administration after
the Senate in April. 1886. rejected fhe frclinghuysen
convention did not proceed to close up and settle all inc
claims OF persons In whose favor wards OF record
and their assigns. - :, -.
II is the opinion Of many able lawyers that the system
ointcrn,tonal arbraons received great injury in
conseaucuca OF the of the state Department as
foreign Ministers resident here has been heard to say
trea.v with United states for the adjudication or
claims 80 long the present doctrines prevail III the
State Department What l. likely 10 be done IN tho Wen
and Ia Abra cases II Is difficult IN ascertain II Is
known however. that there Is over half million OF
dollars living in the hands Of the Secretary OF state to
which the heirs OF the We'll and La Abra silver Mining
Company claim to have absolute right AMI on when,
an long rs the il detancl In the state Depart
men they losing interest Mt the rate OF about $40
day.